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- Eight multi-member ordinary constituencies corresponding to the country's regions and the metropolitan area of the capital Niamey (158 members in total);
- Eight special constituencies to ensure representation of national minority communities (8 members);
- Five single-member constituencies for Niger citizens living abroad (one per continent).

Voting system

Mixed:
- List Proportional Representation, using the simple quotient and a highest average method for ordinary constituencies. Each list contains as many names as there are seats to be filled in the constituency;
- First Past The Post in the special and single-member constituencies.

Vacancies which arise between general elections are filled by substitute members. However, by-elections are held whenever more than one third of the seats fall vacant.
Voting is not compulsory.

Voter requirements

- Age: 18 years old or married;
- Niger citizenship;
- Full possession of civil and political rights.

Disqualifications: conviction for crime, imprisonment for one year or more, insanity, undischarged bankruptcy, prohibition, contempt of court.

- Member of the Government;
- Civil servant;
- Work financed by a foreign State or international organization;
- Salaried employment.

Candidacy requirements

- Candidature by political parties/groups or independents. At least 75 per cent of candidates on each list must hold a high school certificate;
- Deposit of CFA 250,000 per list of candidates for the ordinary constituencies, and CFA 100,000 per candidate for the special and single-member constituencies;
- Candidatures to be submitted 45 days before polling day.

President Mahamadou Issoufou's Niger Party for Democracy and Socialism (PNDS Tarayya) and its allies (see note 1) won a total of 108 seats, securing a majority in the enlarged 171-member National Assembly (see note 2). The Niger Democratic Movement for an African Federation (MODEN/FA-Lumana Africa), led from prison by the former Speaker of the National Assembly, Mr. Hama Amadou, came a distant second (see note 3). Delays at polling stations caused voting to be extended by an extra day. During the election campaign, the major parties focused on economic and social development, promotion of democracy and the rule of law.

In the presidential elections, held in parallel with the parliamentary polls, the election commission announced that President Issoufou (PNDS) came first in the first round of voting, followed by former Speaker Amadou. Opposition parties claimed irregularities and massive fraud. Previously, 23 opposition parties had formed the Coalition for the Alternative 2016 (COPA 2016, see note 4) and agreed to back whichever opposition candidate made it to the second round, scheduled for 20 March.

On 7 March, the Constitutional Court validated the preliminary results of the first round. The following day, the COPA 2016 announced its withdrawal from the second round of presidential elections, accusing the Constitutional Court of a lack of impartiality and independence. It demanded that parliamentarians representing parties in the COPA 2016 cease all activities in the National Assembly.

On 20 March, President Issoufou was re-elected with 92 percent of the vote in the run-off elections.

Note 1:
The PNDS Tarayya led the Movement for the Renaissance of Niger (MRN), a 22-party pro-presidential alliance. The MRN includes the Patriotic Movement for the Republic (MPR-Jamhuriya), formed by former MNSD Secretary General Albadé Abouba in October 2015.

Note 2:
In accordance with the organic law gazetted in November 2015 (Loi organique n°2014-71), the statutory number of members of the National Assembly has increased from 113 to 171. In October 2014 a modification to the 2000 electoral law (loi n° 2000-008) raised the gender quota, requiring the percentage of candidates-elect of each sex be more than 15%, as opposed to 10% previously.

Note 3:
Mr. Amadou was arrested in November 2015 on his return from exile in France over his alleged role in a baby-trafficking scandal, an allegation he strongly denies and insists is politically motivated.

Note 4:
The COPA 2016 includes the MODEN/FA-Lumana Africa and the National Movement for the Development of Society (MNSD) - Nassara of former Prime Minister Seyni Omar.

Date of previous elections: 31 January 2011

Timing of election: Upon normal expiry*
*The outgoing National Assembly was elected in January 2011 but started to sit in April. In accordance with article 85 of the 2010 Constitution, the general elections were due between 20 and 60 days prior to the end of the current legislature (between January and March 2016).

Expected date of next elections: February 2021
Number of seats at stake: 171 (full renewal)

Number of candidates: 2,770

Percentage of women candidates: Not available.

Number of parties contesting the election: 43 lists

Number of parties winning seats: 16

Alternation of power: No

Date of the first session of the new parliament: 25 March 2016

Name of the new Speaker: Mr. Ousseini Tinni (Niger Party for Democracy and Socialism, PNDS Tarayya)

STATISTICS

Voter turnout

Round no 1

22 February 2016

Number of registered electorsVotersBlank or invalid ballot papersValid votes

- duration: 5 years (term of House)
- reasons for interruption of the term: resignation, death, dissolution of the Assembly
- once the Assembly has been dissolved, the Speaker no longer plays any role

Appointment

- elected by the Members of the Assembly
- election held after validation of Members' mandates

Eligibility

- any Member may be a candidate
- notification of candidature must be made immediately to the Board which is headed by the oldest Member

Voting system

- formal vote by secret ballot for a single candidate
- an absolute majority is required in the first round, a simple majority in the second
- if after the fourth round there is still a tie, the oldest candidate is declared elected

Procedures / results

- the oldest Member presides over the Assembly during the voting
- the Board and three tellers chosen from among the Members supervise the voting
- the oldest Member announces the results without delay
- the results can be challenged

STATUS

Status

- ranks second in the hierarchy of State
- is acting Head of State in case of the latter's death, inability to be present, or resignation
- represents the Assembly with the public authorities
- is ex officio member of bodies outside Parliament
- represents the Assembly in international bodies or can deputize a Member to do so
- in case of absence, the Speaker is replaced by one of the Deputy Speakers, in the order of precedence

Board

- is elected under and regulated by the Standing Orders
- consists of 11 Members (1 Chairman, 4 Vice-Chairmen, 4 secretaries, 2 questors)
- elected for a one-year term
- meets when convened by the Speaker
- constitutes a true collegial presidency

Material facilities

- allowance
- special allowance

FUNCTIONS

Organization of parliamentary business

- convenes sessions
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments
- refers texts to a committee for study
- examines the admissibility of requests for setting up committees and/or committees of enquiry, proposes or decides on the setting-up of such committees

Chairing of public sittings

- can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up, with the advice of the plenary Assembly
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the adopted texts and the records of debates

- interprets the rules or other regulations governing the life of the Assembly
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates, with the agreement of the plenary Assembly

Special powers

- is empowered to authorize disbursements - however, the budget is established by the technical services of the General Secretariat and the Questor's Office which establish the budget
- recruits, assigns and promotes staff, following deliberation by the Board
- appoints the Clerk, at the Board's suggestion
- plays a role in overseeing foreign relations and defence, in co-operation with the other constitutional authorities
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber

Speaking and voting rights, other functions

- can take the floor in legislative debates to give a summing-up
- provides guidelines for the interpretation or completion of the text under discussion
- takes part in voting
- proposes bills or amendments, as an MP
- intervenes in the parliamentary oversight procedure
- signs the laws adopted and follows the legislative process until laws have been promulgated
- can decide that texts are inadmissible and seize the Supreme Court in case of a dispute or to verify the constitutionality of laws
- can appoint one member of the High Council of the Magistrature, and one member of the High Council for Communication
- must be consulted in certain circumstances (dissolution, etc.)

· Free representation (Art. 66 (2) of the Constitution of 12.05.1996, Art. 10 (2) of the Law establishing the status of Deputy; see also Art. 66 (3) of the Constitution and Art. 10 (3) of the Law establishing the Status of deputy)

Start of the mandate

· When the mandates are validated. Procedure (Art. 7 and 8 of the Resolution establishing the Standing Orders of the National Assembly; see also Validation of mandates)

· On the day when the legal term of the House ends or on the day of early dissolution. Procedure.

Can MPs resign?

Yes

· Yes, of their own free will (Art. 9, N° 1 of the Resolution establishing the Standing Orders of the National Assembly)
· Procedure (Art. 9, N° 1, N° 2 and N° 6) of the Resolution establishing the Standing Orders of the National Assembly)
· Authority competent to accept the resignation: the Supreme Court

Can MPs lose their mandate ?

Yes

(a) Loss of mandate by judicial decision:
- Compulsory resignation for non-attendance of sittings (Art. 9 (3) to (6) and Art. 10 (3) N° 3 of the Resolution establishing the Standing Orders of the National Assembly)
- Loss of mandate for incompatibility of incapacity, duly established by the Supreme Court after referral by the Board of the National Assembly
- Sentencing after the lifting of parliamentary immunity

STATUS OF MEMBERS

Rank in hierarchy

Indemnities, facilities and services

· Diplomatic passport (Art. 40 and 46 (1) of the Law establishing the status of deputy)
Basic salary (Art. 31 (1) of the Law establishing the Status of Deputy): FCA francs 24,740 per day of session
· Partial exemption from tax (50%)· Special pension scheme being developed (see Art. 68 of the Constitution and Art. 48 of the Law establishing the status of deputy)
· Other facilities:
(a) Secretariat (Art. 37 of the Resolution establishing the Standing Orders of the National Assembly)
(b) Assistants
(c) Official housing during sessions (Art. 38 of the Law establishing the status of deputy)
(d) Official car
(e) Security guards
(f) Postal and telephone services
(g) Travel and transport + Lump sum allowance for transport (Art. 35 of the Law establishing the Status of Deputy): FCA francs 150,000 / month
(h) Other

Obligation to declare personal assets

No

Parliamentary immunity - parliamentary non-accountability

· The concept exists (Art. 67 (1) and (2) of the Constitution, Art. 15 of the Law establishing the functioning of the National Assembly, Art. 45 of the Resolution establishing the Standing Orders of the National Assembly, Art. 12 (1) and (2) of the Law establishing the status of deputy).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: offence or insult (Art. 41 (1) and 44 (2) and (4) of the Resolution establishing the Standing Orders of the National Assembly, Art. 27 (2) and 30 (2) and (4) of the Law establishing the Status of Deputy; see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.

Parliamentary immunity - parliamentary inviolability

· The concept exists (Art. 67 (3) and (4) of the Constitution, Art. 15 of the Law establishing the functioning of the National Assembly, Art. 45, 49 and 50 (1) of the Resolution establishing the Standing Orders of the National Assembly, Art. 12 (1) to (3) of the Law establishing the status of deputy).
· It applies (only) to (criminal) (civil) proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations:
- When Parliament is in session, prosecution or arrest in criminal proceedings is possible in cases of flagrante delicto (Art. 67 (3) of the Constitution, Art. 49 of the Resolution establishing the Standing Orders of the National Assembly, Art. 12 (2) of the Law establishing the status of deputy).
- When Parliament is not in session, arrest is possible in cases of flagrante delicto, authorised prosecution or final sentencing (Art. 67 (4) of the Constitution, Art. 50 (1) of the Resolution establishing the Standing Orders of the National Assembly, Art. 12 (3) of the Law establishing the status of deputy).
· Parliamentary inviolability prevents MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate and does not also cover judicial proceedings instituted against MPs before their election, but the Supreme Court can postpone the consideration or even reject the case of the candidate.
· Parliamentary immunity (inviolability) can be lifted (Art. 67 (3) and (4) of the Constitution, Art. 16 (1) of the Law establishing the functioning of the National Assembly, Art. 49 and 50 (1) of the Resolution establishing the Standing Orders of the National Assembly, Art. 12 (2) and (3) of the Law establishing the status of deputy):
- Competent authority: the National Assembly
- Procedure (Art. 16 of the Law establishing the functioning of the National Assembly, Art. 46, 47, 51 and 52 of the Resolution establishing the Standing Orders of the National Assembly, Art. 14, 15, 17 and 18 of the Law establishing the status of deputy). In this case, MPs can be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 67 (5) of the Constitution, Art. 50 (2) of the Resolution establishing the establishing Orders of the National Assembly, Art. 12 (4) of the Law establishing the status of deputy):
- Competent authority: the National Assembly
- Procedure (Art. 67 (5) of the Constitution, Art. 47 (1), 48, 50 (2) of the Resolution establishing the Standing Orders of the National Assembly, Art. 15 (1) and 16 of the Law establishing the status of deputy)
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.

EXERCISE OF THE MANDATE

Training

· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided, at the initiative of the National Assembly, by academics, senior officials or experienced MPs from other countries or by experts seconded by independent organisations (e.g. NGOs).
· Handbook of parliamentary procedure:
- Standing Orders

Participation in the work of the Parliament

· It is compulsory for MPs to be present at plenary sittings and committee meetings.
· Penalties foreseen in case of failure to fulfil this obligation:
- Plenary sitting : loss of salary or loss of mandate (Art. 9 (3) to (6), Art. 10 and 42 of the Resolution establishing the Standing Orders of the National Assembly)
- Committee : exclusion from the committee and loss of salary (Art. 35 (5), Art. 42 and 44 (6) of the Resolution establishing the Standing Orders of the National Assembly, Art. 30 (7) of the Law establishing the status of deputy)
· Body competent to judge such cases/to impose penalties:
- Plenary sitting :
(a) Loss of salary :
(b) Loss of mandate : the National Assembly
- Committee :
(a) Exclusion from the committee :
(b) Loss of salary : the President of the National Assembly

Discipline

· The rules governing discipline within Parliament are contained in Art. 5 (3) and (4) of the Law establishing the functioning of the National Assembly, Art. 9 (3) to (6), Art. 10, 35 (5), 40 (4) and 41 to 44 of the Resolution establishing the Standing Orders of the National Assembly, Art. 25 to 30 of the Law establishing the status of deputy.
· Disciplinary measures foreseen (Art. 42 of the Resolution establishing the Standing Orders of the National Assembly, Art. 28 of the Law establishing the status of deputy) :
- Call to order (Art. 43 of the Resolution establishing the Standing Orders of the National Assembly, Art. 29 of the Law establishing the status of deputy)
- Call to order with entry in the record (Art. 43 (3) of the Resolution establishing the Standing Orders of the National Assembly, Art. 29 (3) of the Law establishing the status of deputy)
- Censure (Art. 44 (1) to (3) of the Resolution establishing the Standing Orders of the National Assembly, Art. 30 (1) to (3) of the Law establishing the status of deputy)
- Censure with temporary exclusion (Art. 44 (1), (4) and (5) of the Resolution establishing the Standing Orders of the National Assembly, Art. 30 (1) and (4) to (5) of the Law establishing the status of deputy)
- Loss of salary or loss of mandate in plenary sitting, exclusion from the committee and loss of salary in committee (Art. 9 (3) to (6), Art. 10 and 35 (5) of the Resolution establishing the Standing Orders of the National Assembly ; see Participation in the work of Parliament)
· Specific cases:
- Offence or insult (Art. 41 (1) and 44 (2) and (4) of the Resolution establishing the Standing Orders of the National Assembly, Art. 27 (2) and 30 (2) and (4) of the Law establishing the status of deputy) : call to order, call to order with entry in the record, censure, censure with temporary exclusion
- Disturbance (Art. 5 (3) and (4) of the Law establishing the functioning of the National Assembly, art. 40 (4) of the Resolution establishing the Standing Orders of the National Assembly) : expulsion from the meeting room, arrest, drawing-up of a report, referral to the Public Prosecutor
- Uproar (Art. 41 (2) and (3) of the Resolution establishing the Standing Orders of the National Assembly) : suspension or lifting of the sitting
- Ban on carrying weapons (Art. 25 and 26 (1) and (2) of the Law establishing the status of deputy) : confiscation of the weapons, revocation of the gun-owners permit, definitive confiscation of any weapon
- Assault (Art. 27 (1) of the Law establishing the status of deputy) : call to order, call to order with entry in the record, censure, censure with temporary exclusion, exclusion from the committees; judicial proceedings
· Competent body to judge such cases/to impose penalties:
- Call to order, offence or insult, disturbance, uproar, ban on carrying weapons : the President
- Call to order with entry in the record, offence or insult: the National Assembly
- Censure, censure with temporary exclusion, offence or insult : the National Assembly, on a proposal by the President
- Loss of salary or loss of mandate in plenary, exclusion from the committee and loss of salary in committee : see Participation in the work of Parliament
- Assault : depending on the penalty (see above) ; the corresponding judicial authority· Procedure :
- Call to order, call to order with entry in the record, offence or insult (Art. 43 of the Resolution establishing the Standing Orders of the National Assembly, Art. 29 of the Law establishing the status of deputy)
- Censure, censure with temporary exclusion, offence or insult (Art. 44 (1), (3) and (5) of the Resolution establishing the Standing Orders of the National Assembly, Art.29 of the Law establishing the status of deputy)
- Loss of salary or loss of mandate in plenary, exclusion from the committee and loss of salary in committee (Art. 9 (3) to (6), Art. 10 and 35 (5) of the Resolution establishing the Standing Orders of the National Assembly ; see Participation in the work of Parliament)
- Disturbance (Art. 5 (3) and (4) of the Law establishing the functioning of the National Assembly, Art. 40 (4) of the Resolution establishing the Standing Orders of the National Asembly) - Uproar (Art. 41 (2) and (3) of the Resolution establishing the Standing Orders of the National Assembly)
- Ban on carrying weapons (Art. 25 and 26 (1) and (2) of the Law establishing the status of deputy)
- Assault (Art. 27 (1) of the Law establishing the status of deputy)

Code (rules) of conduct

· This concept does not exist in the country's juridical system, but there are some relevant provisions (Art. 9 (1), Art. 23, 24 and 47 of the Law establishing the status of deputy). For loss of mandate for incompatibility, see Loss of mandate.
· Penalties foreseen for violation of the rules of conduct : fine of 100,000 francs to one million francs (Art. 24 of the Law establishing the status of deputy ; ban on having the deputys name followed by an indication of his status of MP in any financial, commercial or industrial advertising)

Relations between MPs and pressure group

· There are some legal provisions in this field (Art. 9 (3) of the Constitution, Art. 25 of the Resolution establishing the Standing Orders of the National Assembly ; ban on creating a party with the aim of promoting a given ethnic group, a region or a religion, or constituting a parliamentary group for the defence of special local or professional interests).

This page was last updated on 11 May 2016Copyright 1996-2016 Inter-Parliamentary Union